Customary Law of the Haya Tribe, Tanganyika Territory (Cass by Hans Cory

By Hans Cory

First released in 1945, this examine covers quite a lot of issues together with marriage, divorce, bride-price, inheritance, estate, own prestige and contracts in addition to a few notes at the everyday courts and how they functioned in the course of the interval of British management

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Extra resources for Customary Law of the Haya Tribe, Tanganyika Territory (Cass Library of African Studies)

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Kayungi. Kailembo had no children. He disliked his relatives. He decided to nominate Kayungi, a friend of his as heir. He called for the elders of his clan. When he explained to them his intention and the reasons for his decision, they refused to act as witnesses and went away. They thought his reasons for the disinheritance of all members of his family insufficient. 47. If the witnesses acknowledge the reasons for a change of heirs, this acknowledgment is binding. No discussion about those reasons is admissable in Court after the death of the testator.

First she for her son and later her son himself claimed the whole plantation from Maskini. It was held that Maskini must return the plantation to Kakyaija, although he had given up his own plantation on account of the inheritance. NOTE: The social position of children who are not legitimate. Whether a mwana wa luhoire or mwana wa bisisi is acknowledged or denied by its father makes no difference to its treatment in the house in which such a child lives. On the other hand, however, should anyone, and especially a member of the family, use mwana wa luhoire or mwana wa bisisi as a term of 38 contempt it would be taken by the person concerned as a deep insult.

Generally the following reasons are acknowledged for disinheritance A. Assault of a man by his heir presumptive. B. Sale of a man’s cattle by his heir presumptive without his consent. C. Neglect of a sick man by a presumptive heir, or neglect by an heir of his duties to share his luxuries such as beer, meat etc. with his father. D. A long journey undertaken by a man’s presumptive heir against his wishes. ) E. General misbehaviour. F. Illicit relations of a presumptive heir with one of his father’s wives.

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